Los Angeles Sexual Harassment Attorney
Sexual harassment can be devastating for a victim. Survivors of all types of sexual crimes may suffer lifelong psychological and emotional harm, on top of potential damages such as the loss of a job. At Manly, Stewart & Finaldi, we understand the trauma a survivor in Los Angeles may face. It is our mission to help victims fight for the financial compensation they require for their serious damages. Speak with a qualified Los Angeles sexual harassment attorney today! We may be able to help you achieve justice.
Why Choose Manly, Stewart & Finaldi for Your Sexual Harassment Claim?
- Our founder and sexual harassment lawyer, John C. Manly, has represented plaintiffs in sexual abuse cases for over two decades. He has won accolades such as a spot in Super Lawyers and California’s Top 100 Attorneys (Los Angeles Daily Journal).
- Our lawyers are 100% devoted to the wellbeing of clients. We care deeply about what happens to each client we represent. Our firm appreciates how difficult it can be to come forward about sexual harassment and prioritizes client confidentiality.
- Our firm has an impressive history of case results within the sexual abuse practice area. Sexual abuse is our firm’s exclusive focus. We have secured more than $2 billion in positive outcomes for past clients.
What Can a Sexual Harassment Lawyer Do?
At Manly, Stewart & Finaldi, our Los Angeles sexual harassment attorneys are not afraid to bring claims against some of California’s largest institutions and corporations, including Fortune 500 companies and entertainment conglomerates. We have the resources, passion and experience to help clients through all types of sexual harassment claims. During a case, we take care of all legal aspects on the client’s behalf.
- Analyze the sexual harassment case
- Name one or more defendants
- Explain California’s sexual harassment laws
- Gather evidence and build a case
- Hire outside experts and subpoena witnesses
- Communicate with the defendant’s side of the case
- File all necessary paperwork for the sexual harassment case
- Use all possible outlets to fight for a fair recovery
A Los Angeles sexual abuse lawyer experienced in sexual harassment claims can walk you through all the steps of bringing an insurance claim or personal injury settlement against one or more parties. We can evaluate your claim, give you an honest and accurate representation of what it could be worth, and do our best to obtain the recovery we believe you deserve.
Types of Sexual Harassment Cases We Handle
A law firm with as much experience as Manly, Stewart & Finaldi has what it takes to help clients through all types of sexual harassment cases in LA. We have significant hands-on experience and real-world knowledge about this subject matter. Our law firm is the leading choice in California to handle all types of plaintiff’s sexual assault cases:
- Internet sexual harassment
- Requests for sexual favors
- Sexual assault or abuse
- Stalking or cyberstalking
- Unwelcome sexual advances
- Workplace sexual harassment
Sexual abuse cases are all we handle at Manly, Stewart & Finaldi. This gives us an edge over competitors that have more general personal injury practices. Our firm has the attorneys, associates, case history and resources to bring your case where it needs to go. Our Los Angeles sexual harassment lawyers are confident in our abilities to handle any type of sexual harassment case in Southern California.
What Is Sexual Harassment in California?
Sexual harassment is the illegal act of subjecting someone to sexual advances without that person’s welcome or consent. California, like other states, has specific laws prohibiting sexual harassment and discrimination in the workplace. California law requires employers to train managers and supervisors on how to prevent sexual harassment, as well as how to handle related complaints by workers. The California Fair Employment and Housing Act defines two forms of sexual harassment in the workplace: quid pro quo and hostile work environment.
Quid Pro Quo
Quid pro quo sexual harassment describes a situation in which a harasser – often someone in a position of power, such as a supervisor or CEO – requires a subordinate to grant sexual favors or else face negative consequences, such as adverse employment actions. An example of quid pro quo sexual harassment is a supervisor threatening to terminate an employee’s job if he or she refuses to go on a date. Quid pro quo sexual harassment is committed by someone in a position to take adverse employment action against the victim. It generally does not describe a worker-to-worker harassment scenario.
Hostile Work Environment
The second type of sexual harassment is creating a hostile work environment. A hostile work environment is a workplace that feels threatening, unwelcome, offensive or intimidating to the victim. Anyone can create a hostile work environment by committing sexual harassment, discrimination or assault against another person in the workplace. A coworker of the victim could also file a sexual harassment claim based on a hostile work environment even if he or she was not the target of the harassment. If the workplace is threatening or not conducive to productivity, it is a hostile work environment.
Who Can Commit Sexual Harassment?
Most people picture sexual harassment as a male harassing a female in the workplace, as well as a boss or someone in a position of power harassing a subordinate. While these are the most common sexual harassment scenarios, they are not the only possibilities. Anyone can commit sexual harassment. The perpetrator can identify with any gender, as can the victim. Both men and women can experience sexual harassment in Los Angeles. The harasser and victim can also have any professional relationship with one another, including coworker-to-coworker or employee-to-customer.
If you believe anyone has committed sexual harassment against you, contact a sexual harassment attorney in Los Angeles right away. This includes your employer, company owner, manager, supervisor, CEO, coworker, customer, client or contractor. Our lawyers can review the details of your case during a free confidential consultation to let you know if you have a claim for damages. If the scenario does fulfill California’s definition of sexual harassment, one or more liable parties may owe you financial compensation. The liable party in your case will depend on the circumstances.
Who Is Liable for Sexual Harassment?
Liability refers to financial responsibility for someone’s damages. In California, liability for sexual harassment will go to the person or party most responsible for causing or failing to prevent the harassment. More than one party may share liability for your damages. The liability law that applies will depend on the details of your case.
Liability for sexual harassment in Los Angeles most often goes to the victim’s employer. An employer has a legal duty to train its employees and supervisors on how to prevent sexual harassment. Failing to do so is a breach of California law that could make the employer liable for related issues. Furthermore, an employer can be vicariously liable for sexual harassment by its employees.
Vicarious liability refers to an employer’s legal responsibility for the actions and behaviors of its employees. If the harasser is a supervisor, for example, the company will be vicariously liable. If an independent contractor committed sexual harassment against you, on the other hand, he or she would be individually liable for your damages rather than liability going to your employer.
Vicarious liability is a complicated legal doctrine that is difficult to understand as an unrepresented plaintiff. In general, if the person who harassed you was a company official acting as the employer’s agent or proxy, the employer will be liable. If a coworker sexually harassed you, however, you may only be able to hold the individual liable. A consultation with a skilled Los Angeles sexual harassment lawyer from Manly, Stewart & Finaldi can help you determine liability for your sexual harassment case in LA.
Time Limits for Filing a Sexual Harassment Claim in California
Prior to 2020, the time limit on filing a sexual harassment claim in California was only one year from the date of the harassment. This law changed, however, after the California legislature recognized the time it often takes for a victim to come forward with allegations against a perpetrator. In 2019, Governor Gavin Newsom signed Assembly Bill No. 9 into law.
This bill went into effect on January 1, 2020, and increased the time limit to one to three years, depending on the case. AB 9 gives employees more time to allege sexual harassment at work before filing a claim. First, the employee must file a complaint with the Department of Fair Employment and Housing (DFEH) within three years of the last harassment violation. The employee must then wait for a letter from the DFEH to have the right to sue.
Upon receiving this letter, the employee has one year to file a lawsuit for sexual harassment. AB 9 extended the time limit to file a sexual harassment claim in California from one to three years, rather than only one year. Note, however, that claims based on sexual harassment that occurred prior to January 1, 2020, are not covered by AB 9 and must be brought within one year. Speak to our lawyers for information on your exact time limit to file.
Elements of a Sexual Harassment Case in California
In California, before you can file a sexual harassment claim against an employer or another liable party, you or your Los Angeles sexual harassment attorney must prove that the elements of harassment exist. You must have the appropriate legal grounds on which to base your claim. Otherwise, you may not have a valid claim and the courts in Los Angeles will dismiss your case. It is always worthwhile to consult with an attorney about whether or not you have a sexual harassment claim. Our lawyers offer free and entirely confidential consultations so you can learn your rights and discuss a case at no risk or obligation. In general, a sexual harassment claim in California has five main elements.
- Conduct based on sex. The first element is conduct, actions or behaviors based on sex. The conduct must be due to the plaintiff’s sex, gender or gender identity. Otherwise, the conduct must be sexual in nature. Conduct that is not sexual or gender-based will not constitute sexual harassment under California law. You may have grounds for a different type of employment claim, however, such as discrimination.
- Severe or pervasive conduct. Typically, you will not have a case if the alleged act of sexual harassment was not severe or pervasive. You or your lawyer must show that the alleged sexual harassment created a hostile work environment. This generally takes proof that a single action was severe in nature or that you are the victim of consistent and pervasive sexual harassment that created a hostile work environment.
- Unwelcome conduct. Sexual conduct or behavior must be unwelcome or without the victim’s consent to constitute sexual harassment. If you consented to the sexual act or had a voluntary sexual relationship with the perpetrator, you generally will not have a case for sexual harassment in the workplace, with some exceptions.
- Defendant’s liability. Once your lawyer has established that sexual harassment occurred, the next requirement is to prove that someone is liable for the act. Liability requires a duty of care legally owed to the victim and a breach of this duty. If an employer violated California law by failing to train supervisors on how to prevent sexual harassment, for example, this would create liability for the employer.
- Compensable damages. Finally, your lawyer must demonstrate that you have compensable losses, or damages, as a result of the sexual harassment. These losses may include emotional distress, psychological damage, therapy, medical bills, lost wages and the loss of your job.
A top sexual harassment lawyer from Manly, Stewart & Finaldi can help you determine if you have a sexual harassment case in California. We will listen to your story, review the facts of your case and let you know if you have grounds to bring a claim. If so, we may offer to represent you in your case against an employer or another defendant. We can help you protect your rights and demand maximum compensation. We are passionate about seeking justice for survivors of sex crimes in Los Angeles.
Contact a Top-Rated Los Angeles Sexual Harassment Lawyer Today
We offer free, entirely confidential initial case reviews at our local Los Angeles law firm. You can talk to an attorney about your specific sexual harassment case at no cost or obligation. We take meetings over the phone as well as in person at our office. Our lawyers are here to answer client questions and offer recommendations as to what to do next. Your experience could entitle you to financial compensation in Los Angeles. Contact us today to schedule a one-on-one review.